85R7087 YDB-F     By: Clardy H.B. No. 1258       A BILL TO BE ENTITLED   AN ACT   relating to information publicly available in an electronic court   record database.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter I, Chapter 51, Government Code, is   amended by adding Section 51.808 to read as follows:          Sec. 51.808.  INFORMATION PUBLICLY AVAILABLE IN ELECTRONIC   COURT RECORD DATABASE. (a) In this section, "electronic court   record database" means a system for storing documents   electronically filed with a court in this state that is accessible   by the public regardless of whether a fee is charged.          (b)  A person, including a governmental entity, who   establishes, maintains, or operates an electronic court record   database may not allow public access to any court document   electronically filed with a county court, statutory county court,   or district court in this state unless:                (1)  the clerk of the court enters into a written   agreement with the person authorizing public access to the document   through the database; and                (2)  the commissioners court of the county in which the   court is located approves the agreement described in Subdivision   (1).          (c)  Notwithstanding Section 22.004 or any other law, the   supreme court may not adopt rules in conflict with or inconsistent   with this section. To the extent this section conflicts with the   Texas Rules of Civil Procedure or any other rule adopted by the   supreme court, this section controls.          SECTION 2.  Section 51.808, Government Code, as added by   this Act, applies to a court record filed before, on, or after the   effective date of this Act unless a restriction on court records   filed before that date would impair a contract entered into before   that date.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.